Course Overview

Course summary

The course is intended for anyone wishing to demonstrate a commitment to contentious law in public and private international and commercial legal contexts. The taught part of the programme includes modules which reflect the three main forms of dispute resolution process, namely adjudication (litigation and arbitration), alternative dispute resolution (ADR – principally mediation), and negotiation.

This course differs from the International Commercial Law LLM course which is primarily concerned with non-contentious aspects of commerce (modules include competition law, trade, and insurance).

Class sizes are, in general, quite small, and you will be able to mix with students on other Masters courses at Westminster Law School.

The course provides an opportunity for in-depth study of the substantive and procedural issues involved in the field, and also the acquisition of skills involved in some of the processes. It is centrally concerned with law and other rules (international and commercial) which are applicable in adjudication and also in the other dispute resolution processes.

In addition to taught modules, there is also the Dissertation module which provides an opportunity for developing a specialist knowledge of a small area of the field, which might lead to a publishable article.

Course structure

The following modules are indicative of what you will study on this course.

Other approved modules such as International Commercial Litigation and Private International Law might be made available depending on demand and the Head of Westminster Law School’s approval.

Core modules

You will be introduced to some of the essential elements of the fields of peaceful relations and conflict and dispute prevention and resolution. You will examine domestic, commercial, municipal, and international aspects of the fields, and the main processes and elements involved, including the concepts of peace, conflict, dispute, regulation, and risk. The module is designed to enable anyone to develop insights into the influences and pressures involved in decision-making in the contexts of prevention and resolution of conflicts and disputes.

This module allows you to develop a knowledge and understanding by research of a specialist portion of the field of international and commercial dispute resolution law. You will have classes on the essential research and writing skills required for the dissertation, and you will also have the support of a supervisor for this independent research and writing work.

You must agree your specialist topic with the module leader. The topic must not replicate your own prior work or anyone else’s work. Your work for this module should provide you with advanced research skills, and advanced skills of analysis, evaluation, synthesis, application and writing, all of which should stand you in good stead for any subsequent academic, professional, practitioner, business, government, or other career.

Option modules

You will be introduced to the study of comparative international commercial arbitration (excluding international arbitration between sovereign states and non-sovereign entities in the context of cross-border direct investment). You will examine the law and practice of international arbitration in the major arbitration centres of the world, and explore how different legal systems, and arbitrators from different legal cultures interact in the course of resolution of commercial disputes by arbitration.

This module introduces you to the study of public international arbitration between sovereign states and non-sovereign entities, such as companies, in the context of cross-border direct investment. You will examine the investment and disinvestment relationships between disputing parties (State and private) and the nature, function and interpretation of foreign investment instruments. You will also explore the relationship between international law and municipal investment laws, and tribunals and awards.

You will be introduced to the study of international commercial arbitration from the perspective of the English jurisdiction as an exemplar of an international centre for commercial arbitration. The aim is to include four pairs of overlapping relationships: between parties and tribunals; between parties and courts; between tribunals and courts; and between England and foreign fora. There will be focus, inter alia, on the ICC (institutional arbitration) and the New York Convention.

This module introduces you to the comparative study of different understandings and functions of laws and other norms within a variety of legal traditions. And you will be encouraged to see the ‘broader picture’ of the globalised commercial world through the theories of law transition. Within this framework, common law, civil law, Asian, and African legal families will be introduced. There will be special focus on current cases (e.g. in commercial arbitration and in litigation); and themes and legal problems which arise within comparative law will be critically analysed through the lens of legal traditions, legal families, and legal cultures.

This module provides a postgraduate introduction to the study of several facets of the global phenomenon of the multinational corporate entity and the foreign direct investment carried out by those cross-border corporate entities. The module includes the exploration of direct investment from home States into host States, and the treatment and regulation of multinational corporations –especially companies within such groups – by home and host States in the contexts of municipal law and international law. This includes, inter alia, claims by involuntary creditors, the role of creditor-proofing, and adjudication of disputes in municipal courts. The predominant focus is on the internal and external relationships of cross-border corporate groups in relation to their foreign direct investment activities.

The aim of this module is to provide a postgraduate introduction to the field of international, national, public and private processes for the prevention and resolution of conflicts and disputes.

Adjudication, alternative dispute resolution (ADR), and negotiation processes will be examined in the contexts of: international, municipal, public and private laws, rules, and other norms; international and municipal jurisdictions and applications of substantive laws; and the practices used in a variety of circumstances by natural and artificial persons, and organisations. Particular issues include: diplomacy, artificial intelligence, and parallel proceedings. And there will be insights into conflict and dispute prevention and resolution from legal anthropology and cyber relationships.

This module will introduce you to the development of the modes and culture of mediation as a dispute resolution process, in the context of both commercial and other disputes, with a detailed analysis of the anthropological growth of mediation practice, mediation theory and current and possible future trends. You will become familiar with the conceptual, legal and practical frameworks for mediation, identify the various forms in which mediation is used as a method of dispute resolution both in the UK and internationally, develop basic mediation skills, appreciate the roles of the various attendees and participants in mediation processes, and acquire communication and other skills particularly useful in the mediation context. In particular, the course will aim to equip you with a thorough appreciation of the different contexts in which mediation is now successfully applied, and current mediation practice across various legal, social and political spheres.

This module provides a postgraduate introduction to the field of restorative justice, covering international, domestic and public aspects of the field, and the main processes involved in restoration and integration within the field of dispute prevention and resolution. The module includes consideration of conflicts within and between groups (including cultural groups), and also victim-offender mediation and equivalent processes within the field. There will also be comparisons between restorative justice practices and other approaches to conflicts, including transitional justice.

The aim of this module is to introduce the study and practice of negotiation in the contexts of international and municipal commerce, international affairs and international law, examining inter alia issues arising out of conflicts and disputes in those contexts. Among the areas covered are the relationships between pairs of negotiators; negotiators and the law; negotiators and ambient cultures; and theories and practices of negotiation.

The aim of this module is to provide a postgraduate introduction to the field of international, national, public and private processes for the prevention and resolution of conflicts and disputes.

Adjudication, alternative dispute resolution (ADR), and negotiation processes will be examined in the contexts of: international, municipal, public and private laws, rules, and other norms; international and municipal jurisdictions and applications of substantive laws; and the practices used in a variety of circumstances by natural and artificial persons, and organisations. Particular issues include: diplomacy, artificial intelligence, and parallel proceedings. And there will be insights into conflict and dispute prevention and resolution from legal anthropology and cyber relationships.

You will be introduced to the various techniques and institutions available in international law for resolving disputes between states. The module examines diplomatic means of dispute settlement, including negotiation and mediation, and legal means of dispute settlement – arbitration and adjudication. You will also consider the availability of alternative mechanisms for the resolution of inter-state disputes, and the range of international courts and tribunals that now exist. The module refers to specific past and pending cases and disputes, and there is a special emphasis on the law, practice and procedure of the International Court of Justice.

The aim of this module is to provide a postgraduate introduction to the field of peace processes before and after the onset of hostilities, and laws governing transitions from peace to conflict and from conflict to peace. The module explores the role of individuals and groups in the maintenance of peace within and between States and the psychological and other pressures on individuals and groups; the processes involved in bringing an end to hostilities, and the role of peacemakers, peacebuilders, and State builders; the role of criminals and other ‘spoilers’ in the descent from peace and in the return to peaceful conditions; the nature of ceasefire and subsequent agreements between hostile parties, and laws applicable to those agreements; the short-term and long-term effectiveness of peace agreements and peaceful conditions; and the role of opinion formers in support of peace and peace processes.

Programme Specification

For more details on course structure and modules, and how you will be taught and assessed, see the programme specification.

Course Leader

Senior Lecturer

Richard Earle LLB, LLM, MCIArb, TEP, FHEA, solicitor, is a senior lecturer in law in the Westminster Law School at the University of Westminster (formerly a practising solicitor). He is the creator and course leader of the LLM in International and Commercial Dispute Resolution Law course, and of the MA in Conflict Prevention, Dispute Resolution course. His academic focus is on legal and other aspects of conflicts and disputes, international, civil, commercial and other peaceful processes of prevention and resolution, corporate foreign direct investment and arbitration, and international tax and taxation.

He has previously published on issues in international commercial arbitration and international tax law. His latest publication is on psychology and foreign direct investment arbitration.

Richard Earle LLB, LLM, MCIArb, TEP, FHEA, solicitor, is a senior lecturer in law in the Westminster Law School at the University of Westminster (formerly a practising solicitor).

Course Team

Entry Requirements

A minimum of a lower second class honours degree (2:2). Applicants without the standard qualifications, but with significant professional experience in the relevant field or related professional qualifications may be considered. If your first language is not English you should have an IELTS 6.0 with at least 5.5 in each element. Applicants are required to submit one academic reference.

A minimum of a lower second class honours degree (2:2). Applicants without the standard qualifications, but with significant professional experience in the relevant field or related professional qualifications may be considered. If your first language is not English you should have an IELTS 6.0 with at least 5.5 in each element. Applicants are required to submit one academic reference.

More information

Careers

This course is designed to benefit a wide range of individuals, including graduates progressing towards PhD programmes; practising lawyers; other practitioners such as arbitrators, civil servants, diplomats, insurers, journalists, judges, linguists and mediators; and commercial directors and managers.

The course is ideal for anyone with a gap year between career stages, and for anyone from the European Union and other countries wanting to improve their English for career purposes.

Our Careers and Employability Service is here to support you to achieve your full potential.

With a growing network of over 3,000 employers around the world and a team of experienced careers consultants, we provide you with a variety of opportunities to work and develop new skills. As a University of Westminster student, you’ll have access to our services throughout your studies and after you graduate.

The Legal Skills Academy is a joint initiative between Westminster Law School and the Careers and Employability Service.

As a law student you will have access to specialist workshops and presentations to help you to develop your employability skills. Our events are usually led by legal professionals, giving you the opportunity to network with lawyers and other professionals in the field.